AI Structured Summary
Not yet generated for this judgment
Judgment
Shivashankar Amarannavar, J
This petition is filed by accused No.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Special Case No.245/2024 (arising out of Crime No.38/2023 of Vitla Police Station), pending on the file of Principal District and Sessions Judge, Mangaluru, registered for offences punishable under Sections 8(c) and 22(b) of Narcotic Drugs and Psychotropic Substances Act.
Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State.
The petitioner has been granted bail by order dated 24.05.2023 and he has been released on 09.06.2023. Thereafter he remained absent and NBW has been issued on 27.07.2023 and 09.11.2023. The said NBW has been recalled as prayed by the petitioner on 02.07.2024. Thereafter the petitioner remained absent on 26.07.2024 and his bail has been cancelled and bond has been forfeited and case has been registered for recovery of forfeited bond amount against the petitioner and his surety. The petitioner voluntarily surrendered on 08.10.2025 and since then he is in judicial custody. Learned counsel for petitioner has filed a memo with receipt dated 30.01.2026 for having made deposit of Rs.1,00,000/- in Criminal Miscellaneous No.726/2024 towards forfeited bond amount. The said Criminal Miscellaneous No.726/2024 has been registered against the petitioner and his surety for recovery of forfeited bond amount. The learned counsel for petitioner submits that, even though there are criminal antecedents against the petitioner, he has not committed any offence after he has been granted bail in this case in the year 2023. Considering the fact that the petitioner has deposited the forfeited bond amount and that he voluntarily surrendered and undertaking to appear before the trial Court on all dates of hearing. The petitioner has made out a case for grant of bail with conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is granted bail in Special Case No.245/2024 (Crime No.38/2023 of Vitla Police Station), pending on the file of Principal District and Sessions Judge, Mangaluru, subject to following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court.
ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.
iv) The petitioner shall not involve in commission of any offence. If the petitioner found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him.